Rhode Island General Laws 8-8.4-4. Burden of proof
(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation and that any or all of the motions or actions pending before the court are abusive litigation, the litigation may be dismissed, denied, stricken, or resolved by other disposition with prejudice.
Terms Used In Rhode Island General Laws 8-8.4-4
- Abusive litigation: means litigation where the following apply:
(i) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party; and
(ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party, pursuant to:
(A) A final protective order entered pursuant to Rhode Island General Laws 8-8.4-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Litigation: means any kind of legal action or proceeding, including, but not limited to:
(i) A filing of a summons, complaint, or petition;
(ii) Serving a summons, complaint, or petition, regardless of whether it has been filed;
(iii) Filing a motion, notice of court date, or order to appear;
(iv) Serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled;
(v) Filing a subpoena, subpoena duces tecum, interrogatories, request for production of documents, notice of deposition, or other discovery request; or
(vi) Serving a subpoena, subpoena duces tecum, interrogatories, request for production of documents, notice of deposition, or other discovery request. See Rhode Island General Laws 8-8.4-1
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) After providing the parties an opportunity to be heard on any order or sanctions to be issued, the court may enter an order restricting abusive litigation that shall include conditions deemed necessary and appropriate, including:
(1) Awarding the other party reasonable attorneys’ fees and costs of responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation;
(2) Awarding the other party all costs of the abusive litigation, including, but not limited to, court costs, lost wages and transportation costs, including trips to the courthouse to review files or pleadings, and costs of childcare expended as a result of defending said litigation;
(3) Identifying the party protected by the order and imposing prefiling restrictions upon the party found to have engaged in abusive litigation that pertains to any future litigation against the protected party or the protected party’s dependents; and
(4) Any other relief deemed necessary and appropriate by the court.
(c) If the court finds that the litigation does not constitute abusive litigation, the court shall enter written findings and the litigation shall proceed.
(d) Nothing in this section shall be construed as limiting the court’s inherent authority to control the proceedings and litigants before it.
History of Section.
P.L. 2023, ch. 171, § 2, effective June 20, 2023; P.L. 2023, ch. 172, § 2, effective June 20, 2023.